Barber v. King

Filing 9

ORDER DISMISSING ACTION with Prejudice for Failure to State a Claim,signed by Magistrate Judge Gerald B. Cohn on 11/1/2012. CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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SCOTT BARBER

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CASE NO. 1:11-cv-00130-GBC (PC)
Plaintiff,

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ORDER DISMISSING ACTION WITH
PREJUDICE FOR FAILURE TO STATE A
CLAIM

v.
C. KING,

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Defendant.

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/

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I.

Procedural History

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Scott Barber (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis, in this
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civil rights action pursuant to 42 U.S.C. § 1983. On January 25, 2011, Plaintiff filed the original
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complaint. Doc. 1. On September 18, 2012, the Court dismissed the action and required Plaintiff
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to file an amended complaint within thirty days. Doc. 8. Plaintiff was warned that if he failed to file
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an amended complaint in compliance with the order, this action would be dismissed, with prejudice,
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for failure to state any claims.
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More than thirty days have passed and Plaintiff has not complied with or otherwise responded
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to the Court’s order. As a result, there is no pleading on file which sets forth any claims upon which
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relief may be granted.
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Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), the Court HEREBY
ORDERS that:

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1.

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this action is DISMISSED, with prejudice, based on Plaintiff’s failure to state any
claims upon which relief may be granted (Doc. 1; Doc. 8); and

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2.

The Clerk’s Office is directed to enter judgment against Plaintiff.

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IT IS SO ORDERED.

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Dated:
0jh02o

November 1, 2012
UNITED STATES MAGISTRATE JUDGE

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